BREWSTER AERONAUTICAL CORP. v. FENER


196 Misc. 208 (1949)

Brewster Aeronautical Corporation et al., Plaintiffs, v. Abe Fener et al., Defendants.

Supreme Court, Special Term,, New York County.

April 21, 1949.


Attorney(s) appearing for the Case

Olvany, Eisner & Donnelly for plaintiffs.

A. H. Fener for defendants.


PECORA, J.

Motion to dismiss the complaint pursuant to subdivision 5 of rule 106 of the Rules of Civil Practice is denied. The complaint states a cause of action for an injunction to restrain defendants from continuing their acts and conspiracy to harass and vex the plaintiffs by commencing a series of actions against plaintiffs without intending to bring the same to trial and thereby irreparably damaging plaintiffs and stockholders through thwarting...

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